Appeals court undercuts 'don't ask don't tell'

The U.S. armed forces have not proved positive harm results from gays in the military, the Ninth Circuit Court of Appeals has ruled. So, it has reinstated the lawsuit of Maj. Margaret Witt against the Air Force, saying the service must prove her dismissal advanced military goals of troop readiness and unit cohesion. In fact, one judge said the ruling didn’t go far enough.

Note — this did not overturn the policy. But, it certainly set the grounds for it., as her case goes back to district court for trial.

The AP notes this is the first appellate-level ruling on gay rights since the Supreme Court’s Lawrence v. Texas ruling declaring Texas’ sodomy law unconstitutional in 2003.